Covid-19: Allahabad High Court Extends Interim Orders Passed By It And Subordinate Courts Till May 31

The order was passed in wake of recent upsurge of pandemic Covid-19, affecting one and all in the State of Uttar Pradesh, consequence whereof the courts at all levels are working with reduced capacity.

The extension has been granted by a Division Bench comprising of Acting Chief Justice Sanjay Yadav and Justice Prakash Padia,

The order states:

• All interim orders passed by the High Court of Judicature at Allahabad as well as at Lucknow, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals or Quasi-Judicial forums in the State of Uttar Pradesh over which this Court has power of superintendence which were subsisting on 15.03.2021 shall stand extended till 31.05.2021.
• The interim orders or directions of this Court or any court subordinate to this Court in the State of Uttar Pradesh which are meant to operate till further orders shall continue to remain in force until modified by specific order of the court concerned.
• The criminal courts in the State of Uttar Pradesh which granted bail orders or anticipatory bail for a limited period, which are likely to expire, on or before 31.05.2021 shall stand extended for a period till that date i.e. 31.05.2021.
• Any orders of eviction, dispossession or demolition, already passed by the High Court, District Court or Civil Court, if not executed till the date of passing of this order shall remain in abeyance for the period till 31.05.2021.
• The State Government, Municipal Authorities, other Local Bodies and agencies and instrumentalities of the State Government shall be slow in taking action of demolition and eviction of persons till 31.05.2021.
• Any Bank or Financial Institution shall not take any action for auction in respect of any property or an institute or person or party or any body corporate till 31.05.2021.

It is however made clear that in case of extension of interim orders as per the present order, any undue hardship and prejudice of any extreme nature is caused to any of the party to such proceedings, the said party/parties would be at liberty to seek appropriate relief by moving appropriate application before the competent Court, Tribunal, etc.

"The general direction issued by this order shall not be an embargo in considering such application and deciding the same after affording an opportunity of hearing to all the parties to said lis," the Bench clarified.

It added,

"Needless to say, the State and its functionaries will also be at liberty to file appropriate application in respect of particular case for necessary directions."

The situation will be reviewed on 31^st May, 2021.

Case Title: In Re Suo Moto v. State of UP

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